Exam 8: A: Intellectual Property and Internet Law

Excel Goods,Inc. ,and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products.Excel and Finest are not in business together and do not own this mark.The mark is

A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.

Canada and the United States are signatories of the Berne Convention.Doug,a citizen of Canada,publishes a book first in Canada and then in the United States.Doug's copyright must be recognized by

A trade name cannot be registered with the federal government unless it is also a trademark or a service mark.

Sincere Forms,Inc. ,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Desired Objects,Inc.Sincere's unauthorized use of the mark constitutes trademark dilution provided

International copyright protection is automatic-even in nations that have not signed international agreements relating to intellectual property rights.

E-Shopping Corporation inserts Fiesta Mall,Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use.This is

College Copy Shop (CCS)compiles,copies,and sells reading materials to students on the instructions of their professors,who indicate which parts of which publications should be included.These include texts published by Deep Topics,Inc.CCS does not obtain the permission of Deep Topics,or any of the other original publishers of the copied materials,and does not pay royalties on the sales of the compilations.Deep Topics and others file a suit against CCS,alleging infringement of the plaintiffs' intellectual property rights.Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

A generic term is not protected under trademark law unless it acquires a secondary meaning.

Donna makes and distributes copies of Every Good Boy Does Fine,a movie copyrighted by Great Films Corporation,without Great Films' permission.Donna may be liable for

It is possible to copyright an idea.

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of a mark.

International copyright protection exists for computer programs as "intellectual creations."

RiteMade Machinery,Inc. ,designs,makes,and sells a drill press.Steel Equipment Company copies the design without RiteMade's permission.Steel's conduct is actionable provided

Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic.Max is not affiliated with the owners of the copyright to Batman.Can Max pub?lish the comic without infringing on the owners' copyright?

Symphony,Inc. ,a U.S.jewelry designer and maker,files a suit against Kawa,Ltd. ,a Japanese jewelry maker,for the infringement of intellectual property rights under Japan's national laws.Under the TRIPS agreement,Symphony is entitled to receive

Patent infringement occurs only if an invention is copied in its entirety.

Kim uses,on her new recording Let's Go,the guitar solo from Malcolm's digital sound recording without his permission.This is

Copyright protection is automatic-registration is not required.

A marketing technique can be a trade secret.